New Hampshire § 485-A-39 - Section 485-A:39 Waterfront Property Transfer; Septic System Evaluation Required.

§ 485-A-39. Section 485-A:39 Waterfront Property Transfer; Septic System Evaluation Required.

I. Prior to the transfer of any developed waterfront property using a septic system, where any portion of the septic system is within 250 feet of the reference line as defined in RSA 483-B:4, XVII, the buyer of the property shall, at the buyer's expense, engage a New Hampshire licensed septic system evaluator to conduct a septic system evaluation. However, the buyer may accept an evaluation prepared for the seller of the property if the evaluation was completed within 180 days of the date of property transfer. The septic system evaluation prepared for the seller by a New Hampshire state licensed septic system evaluator with stated findings shall be given to the buyer and acceptance of the evaluation shall be acknowledged in writing by the buyer. II. For developed waterfront properties where any portion of the septic system is within 250 feet of the reference line as defined in RSA 483-B:4, XVII, if the existing septic system is not approved by the department per RSA 485-A:29 or the department's approval was prior to September 1, 1989, the buyer shall also hire a New Hampshire permitted septic system designer to determine the elevation of the bottom of the effluent disposal area relative to the elevation of the seasonal high water table. Based on this information, the New Hampshire permitted septic system designer shall determine if the system is in failure, as defined in RSA 485-A:2, IV. The determination from the permitted septic system designer shall be completed prior to the transfer of the property. III. The commissioner shall adopt rules pursuant to RSA 541-A relative to the enforcement of this section. IV. The findings of the New Hampshire licensed septic system evaluator or septic system designer shall not prohibit the sale of the property, but shall be disclosed to the buyer as full and proper notice of the possible limitations of the septic system. V. If the New Hampshire licensed septic system evaluator, utilizing board-approved standards of practice, determines that the septic system shows signs of failure or, if the New Hampshire permitted septic system designer determines that the system is in failure: (a) The buyer shall sign a document, prepared by the New Hampshire licensed septic system evaluator, authorizing the evaluator to conduct notifications to the department and the local health officer; (b) The New Hampshire licensed septic system evaluator shall notify the department and the local health officer; (c) The buyer shall replace the system within 180 days of the transfer of the property; and (d) The buyer shall file a report with the department and the local health officer after the system is replaced with a copy of the state approval for operation for the replacement system. VI. The buyer is not required to comply with the other paragraphs of this section if they replace or repair the septic system within 180 days of the transfer of the property. Prior to the transfer of the property, the buyer shall notify the department and the local health officer that a septic system evaluation was not performed because the system will be replaced. The buyer shall file a report with the department and the local health officer with a copy of the state approval for operation for the replacement system within 180 days of the close of the property sale. Timely receipt of this report by the department and the local health officer shall satisfy all obligations of the buyer relative to this section. VII. Notwithstanding any other provision of this section, if circumstances beyond the control of the buyer preclude the evaluation or, if needed, replacement of the septic system or cause an evaluation prepared for the seller to be older than 180 days, the department shall, upon request, grant an extension of up to 180 days.